MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 June 2002
	DOCKET NUMBER:   AR2001066210

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that she be promoted retroactively.

APPLICANT STATES:  In effect, that her promotions have been unjustly delayed and she desires promotion with a retroactive effective date and date of rank.  She goes on to state that her suspension of favorable personnel actions (Flag) was to be lifted in October 1999, but was not lifted until July 2001.  During the time she was flagged, her license was suspended and she tried to make alternate arrangement to attend drills.  However, her commander never contacted her as she was led to believe and she was unknowingly transferred to the United States Army Reserve (USAR) Control Group (Individual Ready Reserve - IRR).  As soon as she discovered this, she sought another unit and is currently assigned to another troop program unit (TPU) and believes that she has done everything asked of her by both her former unit and present unit. 

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the USAR in Harrisburg, Pennsylvania on 11 December 1997, for training as a wheel vehicle mechanic and assignment to a TPU in Lewistown, Pennsylvania.  She entered active duty for training on 14 January 1998, successfully completed her training on 9 June 1998 and was returned to her USAR unit.  She applied to the Board on 27 November 2001, while serving in a TPU in Lewistown, Pennsylvania, in the pay grade of E-2. 

In the processing of this case an advisory opinion was provided by the Army Reserve Personnel Command (ARPERSCOM) which opined that during the time frame in question, the applicant was flagged and was not attending drills, which subsequently resulted in her being transferred to the USAR Control Group (IRR), for unsatisfactory performance.  Therefore, she was not in good standing and was not entitled to advancements or promotions.  The opinion was forwarded to the applicant for comment and to date, no response has been received by the staff of the Board.

Army Regulation 140-158 serves as the authority for USAR enlisted promotions.  It provides, in pertinent part, that the only promotions that are automatic is the advancement to the pay grade of E-2, unless the commander submits documentation to block the advancement for cause or unless the member is under a suspension of favorable personnel actions.  Otherwise, the promotion to the pay grade of E-2 will occur once the individual has 6 months of service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Although the applicant has not been specific in her request regarding which promotions she is referring to, the only automatic advancement which a soldier may receive is the promotion to the pay grade of E-2.  However, that promotion may be delayed or denied if the commander takes action to do.  Accordingly, in the absence of evidence to the contrary, the Board must presume that the actions in this case were handled in accordance with the applicable regulation.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fe ____  ___ra ___  ___hbo__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001066210	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0400/DOR	
2.		
3.		
4.		
5.		
6.